Convict challenges law change made in wake of London terror attacks

LONDON: A prisoner convicted of encouraging terrorism has mounted a High Court challenge to new legislation aimed at preventing terrorist offenders automatically being released from jail.

Lawyers representing Mohammed Zahir Khan say the terms of the Terrorist Offenders (Restriction of Early Release) Act, which was introduced earlier this year in the wake of terror attacks in London, breach his human rights.

They have told a judge that the legislation is directed against people holding “particular Islamic beliefs” and has a “disproportionate impact” on Muslims.

Justice Secretary Robert Buckland disagrees with Khan’s complaints and says his challenge should be dismissed.

Justice Garnham is considering rival arguments from barristers at a virtual High Court hearing. The judge has been told that Khan, who is in his early 40s, was handed a sentence of four-and-a-half years in May 2018 after being convicted of encouraging terrorism and stirring up religious hatred.

Khan, who is originally from Birmingham, was a shopkeeper living in Sunderland when he was jailed by a judge at Newcastle Crown Court. He admitted encouraging acts of terror and inciting religious hatred via social media.

Hugh Southey QC, who led Khan’s legal team, said the legislation amended an early release regime, and extended the “requisite custodial period”.

He told Justice Garnham that terrorist prisoners now have to spend two-thirds of their term in jail before being considered for release, rather than half.

Southey said they could then only be released on licence after a parole board had considered their case. He said terrorist prisoners are clearly being treated differently from other prisoners.

Southey said the new legislative provisions are “unlawfully discriminatory” and breach rights enshrined in the European Convention on Human Rights – the right to liberty and the right not to be held guilty of an offence which did not constitute an offence when it was committed.

Southey went on: “According to the law in force at the time of sentence, he should be entitled to automatic early release at (the) halfway stage of his sentence.”

Sir James Eadie QC, who led Buckland’s legal team, said Khan’s challenge should be dismissed. He told the judge that the legislation is not discriminatory, and that the new provisions apply equally to all relevant terrorist offenders, regardless of “race, religion or otherwise”.

“The 2020 Act pursues the legitimate aim of protecting the public from dangerous offenders, by ensuring that they are kept in custody for a longer proportion of the penalty part of their sentence,” he said in a written case outline.

“Where a prisoner is considered by the Parole Board to continue to pose a risk to the public, they will not be released but instead will continue to be detained for the whole of the penalty part of their sentence, as originally imposed by the sentencing court.”